See also Bills and Notes; Mines; Bankruptcy.

The Statute of Limitations will not bar a claim by a receiver to recover a sum paid fraudulently by the treasurer of the insolvent company by a company check for the individual debt of the treasurer, the check having been dated July 26, 1909, but which had not been deposited until July 30, 1909, and sult by receiver having been entered July 28, 1915...

On a petition of a tax collector for an order on the receivers of a corporation to pay to the petitioner certain taxes, which are claimed to be a first lien on the real estate of the company, and of which, it is claimed, the petitioner is entitled to priority of payment over the claims of other creditors, the court, in a doubtful case, will not and ought not to decide whether the taxes claimed by the petitioner do or do not constitute a valid and subsisting first lien on the real estate on which they were assessed in a proceeding to which the other creditors are not parties, and in which they have not had an opportunity to be heard, and will discharge a rule on the receivers taken by the petitioner

de

Where a creditor of an insolvent corporation in the hands of a receiver held a mortgage for $10,000 as collateral security for two claims aggregating $1,003.44 on real estate worth $5,500, and the receiver declares a dividend on the fund rived from the sale of personalty, this creditor is entitled to share in this distribution and receive his share of the dividend; as a creditor who has collateral securities for his demand is not thereby deprived of his other remedies for its collection, especially where he has done no act to the prejudice of the rights of other creditors or has done nothing to prevent the sale of the real estate for their benefit. He is under no legal obligation to foreclose on his mortgage or to release the lien thereof in order to participate in the distribution of the proceeds of the personal estate..

774

238

239

667

control of its own affairs, its powers in that respect being limited only by the constitutions and laws of the land. There is no organized body of the Baptist denomination having the power of dictation to the individual church. All manuals or collections of Baptist laws or usages are but advisory in effect, and not constraining or mandatory. The individual Baptist church may adopt the practices and usages of other Baptist churches, or it may select and observe rules for the regulation of its own affairs entirely dif ferent from those in force among other churches of the denomination. The actions and proceedings of associations, conventions, or other organizations of the Baptist denomination, made up of representatives from the different churches within territorial limits, or otherwise, relative to the affairs of the local churches, have but the effect of recommendations, wrought often from wide experience and observation and fraught with mature wisdom, worthy and deserving of careful consideration, but not binding on the local church..

It is the duty of the Court to supervise the action of a jury in the matter of punitive damages, and in replevin, where there is a color of right, it is the exceptional case that will justify them..

A

tenant brought an action of replevin against his landlord, and based his claim that he moved from the premises because of their unsanitary condition, in that water leaked through the roof and into the cellar, where it stood in pools, and that the plumbing was bad, and that the landlord had positively assured the tenant that the premises were entirely sanitary, and in good order. The defendant claimed that three months were due when the tenant moved and denied that the premises were unsanitary or that he ever gave assurances as to the condition of the plumbing and premises when the lease was signed. Verdict for plaintiff. On motion for a new trial

180

363

Held, That the rule that "a tenant's eyes are his bargain" would not apply under the positive evidence in this case, and the question was one for the jury. New trial and judgment n. o. v. refused. 431 In replevin, where a soda fountain, leased to a tenant of a drug store, had been sold on a landlord's warrant, judgment non obstante veredicto will be entered where the evidence showed that the landlord or purchaser at the constable's sale had neither notice nor knowledge that the fountain was held on an installment lease, and that the title was not in the tenant, and there was no mark on the fountain to indicate that plaintiff was the "owner, lessor or conditional vendor," as required by the Act of May 3, 1909, P. L. 423...

580

485

made to have it taken off, and the same case is afterward tried in the Common Pleas Court, the action of the District Court is not conclusive nor is it res adjudicata.. the acquiesWhere the court with cence of all the parties makes that certain order lateral be assigned to pay a preexisting specific debt of an insolvent building and loan association it is binding on all the creditors and if unappealed from

directing

as

an col

ad

as

becomes res to the collateral judicata signed; and the action of the court will not be reviewed on exceptions to the report of an auditor.

RESTRAINT OF TRADE.

See also Injunction; Equity.

A bill to restrain the violation of an agreement not to enter into business in a certain district or to solicit former customers averred that deanother fendant sold plaintiff his meat maropen ket agreeing not to shop for two years "at any point within a radius of six blocks" from of a defendant's former shop, which was "the center to be taken Within the prohibited period, circle." defendant opened another shop, and was within six plaintiff claimed it blocks."

Held: That

as

the word treating mean the distance be"block" to tween streets without regard to intervening alleys, if a straight line be the old shop to the drawn from pass over less than new it would but by going by the six blocks, streets, the distance would be more than six blocks; but as it was evidently the intention to measure from the old market as the center of a circle the shortest radius upon which be measured six "blocks" from the old shop, would show that was not within this circle and bill dismissed..

the new shop

could

473

625

822

See also Sheriff's Sale; Return; Real Estate.

It appeared that the horse was kept four days after the sale and that after it had been discovered on the way home from the sale that the horse was sick, the purchasers had sent for the plaintiff, who gave the horse some medicine, but there was It deno effort made to return the horse and rescind the contract. veloped that one of the signers of the the judgment note was a minor. That under Held, stances, four days was

circummore than

a reasonable time in which to rescind. Rule to open judgment absolute as to minor, but discharged as to other defendant.. apWhere an offer for a greater sum was made by another party than peared in the return of sale and accepted, but when the second offer was not made good by the payment the of cash or by a sufficient bond, the will confirm Court Orphans' sale absolutely for the amount indicated by the return, so that the has no ground for second party objection, and his exceptions will be dismissed

a

A petition by a committee representing $5,000,000 bondholders to interin vene and prevent a sale of a railreceiver's road property hands, where the sale was favored by the holders of $25,000,000 similar bonds, was properly refused where it did not appear that the intervenors had any better plan to propose for the reorganization of the and the proposed plan property, on equal and sale would permit the minority participate interests to

terms with the majority.

68

725

777

tenant to offer in evidence the record of the judgment, execution and sale by the sheriff of the property mortgaged for the purpose of showing that the lien of the judgment through which he claimed title was prior to the lien of a certain part of the mortgage upon which the scire facias was issued.. 294 A scire facias to revive and continue

the lien of a judgment is not an original writ within the meaning of the Act of April 6, 1830, and is not taxable for State purposes..... 567 A terre tenant has no standing to set up as a defense to a scire facias on a Building and Loan Association mortgage that the premiums paid would have to be considered as partial payments on account for the reason that there was no proper competitive bidding. Such a defense would be available to the mortgagor only

On a scire facias on a mortgage given to secure a promissory note it is no defense to set up the statute of limitations because the last renewal of the note was in 1907 for sixty days, in that the suit was by the mortgagee, not on the note but upon the mortgage, against which the statute does not

SEPARATION.

run....

681

832

710

721

Where no writs of scire facias for city taxes were issued upon tax liens for the years 1906 and 1907, as required by law, and no liens were filed for the taxes assessed in the years 1910 and 1911, within the time provided by law, and the property was sold at sheriff's sale, the sheriff could make no distribution for these taxes as the liens were all lost.... 267 Sheriff sold two lots on a fieri facias. One of these lots stood in the name of Emerson E. Yokes and the other in the name of Emerson Yokes. It was not disputed that the owner was one and the same person who also appeared of record under the name of E. E. Yokes on the judgment docket. The sheriff made his return, distributing the fund to judgments having priority of record under the name of Emerson Yokes.

Page.

Exception was filed to the return, alleging that distribution to the fund from one of the lots should have been made to the judgment against Emerson E. Yokes, in which the deed stood, and not to the judgment creditors of Emerson Yokes. An auditor dismissed the exception and on appeal to the Common Pleas-

Held, Affirming auditor in that the use of the Christian name in the judgment docket was sufficient to put anyone on notice as to the identity of the debtor... Where a city had filed successive tax liens against a property under the Act of March 22, 1877, P. L. 16, and also under the Act of May 4, 1889, P. L. 79, and later sold the property at sheriff's sale and took title on one of these liens, and from the time of taking title failed to revive its judgments on the tax liens by scire facias, the liens will be lost, and if the property is sold on a mortgage placed prior to any of these liens, the city will not be entitled to participate in the distribution of the fund realized at the sale on the foreclosure of the mortgage

SLANDER.

Plaintiff recovered a verdict of $450 from defendant who used these words: "You are not as good as me, for I was never hauled into Squire Holtzman's office for stolen diamonds or stealing diamonds." Immediately after and in the presence of the same persons, defendant said to the plaintiff: "I didn't charge you with stealing diamonds; what I said was in regard to your son." On a motion for a new trial

Held, That while the verdict was probably excessive in view of the disclaimer, the verdict would not be disturbed

SLOT MACHINE.

A slot machine stationed in a public or semi-public place which automatically releases a package or certain quantity of any commodity, when a coin is dropped in the slot, is a retail dealer within the meaning of the Act of May 2, 1899, P. L. 184, and liable for the mercantile license tax

SPECIFIC PERFORMANCE. See Equity.

STATE HIGHWAYS. See Highways.

STATE TREASURER.

See also Corporations; Penalties. The duties and responsibilities of the State Treasurer, under the Act of June 1, 1911, P. L. 602, are confined to the receiving, safe keeping and proper return of securities placed in his custody by the Insurance Commissioner with whom they were deposited by insurance and surety companies to enable these companies to do business in other States or with the United States Government, and on demand, the State Treasurer is to return these securities directly to the depositing companies

STATEMENT.

See also Pleading and Practice; Affdavit.

A statement of claim in an action of trespass which is not verified by an affidavit, and is not endorsed with a notice to file an affidavit of defense within 15 days, will be stricken off

323

343

44

416

833

54

Subject.

Page.

on motion in that it does not comply with the Act of May 14, 1915, P. L. 483..

STATUTES.

See also Constitutional Law.
The Sixth Section of the Act of June
19, 1911, P. L. 1055, is a complete
revision of the Sixth Section of the
Act of May 10, 1909, P. L. 495, and
the use of the word "never" in that
section of the Act of 1911 clearly
indicates that the Legislature in-
tended to repeal the provisions of
the Act of 1909 relating to former
convictions
The Act of 1915, P. L. 1038, relative
to mothers' pensions, is an amend-
sections
such
ment of the Act of 1913, P. L. 118,
only
but amends
are specifically re-
thereof which
ferred to, to wit: Sections 1 to 5,
Sections 6, 7 and 8 of the
inclusive.

Act of 1913 are still in full force
and effect

Th words of the Act of May 28, 1915,
man and wife
for one
P. L. 639, "where a
apart
live separate and
year or more," have a prospective,
and not a retroactive, meaning, as
place
took
property rights are involved, and
the separation
where
within a year of the passage of the
Act and the filing of the petition
to be declared a feme sole trader,
the petition will be refused..
it
In applying the law of a foreign jur-
a particular case,
of the
view
isdiction in
be applied in
as it
must
of the record
state
actual
stood at the time of the trial..
The Act of July 24, 1913, P. L. 977,
amends the Act of 1906, as to the
appointment of registrars in elec-
tion districts, so that the ward exec-
utive committee and not the chair-
man of the various districts shall
suggest names to the Registration
Commissioners

constituThe attitude of courts is not one of to acts whose hostility On the contionality is attacked. the trary all the presumptions are in that where their favor, validity of a statute is attacked because of insufficiency of title, and a mere transposition of the words will make the meaning clear, such a statute will not be declared unconstitutional

and 1905

223

182

468

741

238

to

241

and made it his permanent home. as would This, under the Act of 1895, P. L. 112, tolled the statute, also the presumption of payment, was and the fact that all the evidence his wife's estate relating to within the possession and control of testator, and was unknown until after his death, her representatives 369 could not be estopped by laches or negligence Exceptions to a decree, requiring payment by decedent's estate to the administrator of his deceased wife, will be dismissed when the exceptions are based on the proposition that the suspension of the statute of limitations suspends also during that time the presumption of paythe husband, having rement, as moved permanently from the State within six years of his wife's death, the bar of the statute cannot be interposed after that time.

See also Mines; Damages; Townships;
Equity; Injunction.
The owner

374

35

of the surface is liable surface in damages for turning the course other of a stream and water so that it will flow into a coal mine, thereby interfering with the mining operations, and whether 171 there was an actual trespass is a fact for the jury..

STREETS.

See Highways.

STREET RAILWAYS.
See

also Injunction; Building Restrictions.

Municipalities;

A street railway, which occupies a State highway with its tracks, may time to be compelled by the State Highany ways Department at place its tracks at the grade established by that department, and if it fails to do so, the railway company can be indicted; and for its abuse of its powers and usurpation To of public rights an action of quo warranto would lie against it. make it conform to the lawful confor its ditions under which it took a porroad of the public tion suit in equity may a tracks, maintained against it...